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N Cal Attorney
N Cal Attorney, Attorney
Category: Family Law
Satisfied Customers: 9390
Experience:  since 1983
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Looking for second opinion on child custody case issue. My

Resolved Question:

Looking for second opinion on child custody case issue.
My fiance is in a custody case with her daughters father. The child currently lives in our home and has supervised visitations with her father once every other week. We have a restraining order with my name my fiance and there daughter as the protected party. My name is XXXXX XXXXX the case my fiance's is but I am protected by the temporary restraining order. We have just learned that he has hired a lawyer that represented me (soon to be step dad) for 3 different cases throughout the last ten years. The last one ending in 2007. I would think that there would be a conflict of interest for him to hire the same lawyer I used when I have a temporary restraining order against him. What do you think? Can this lawyer represent him legaly? Remember that it is my fiance's name on the case paperwork but I am included in the restraining order and the child the case is about live in my home. Thanks
Submitted: 4 years ago.
Category: Family Law
Expert:  N Cal Attorney replied 4 years ago.
I agree this is a conflict of interest if I understand the situation. I am having trouble understanding this because it seems very unusual.

Your lawyer in the restraining order case is now representing a party who is named in the restraining order, is that correct?

The lawyer represented you against the person that is now a client of the same lawyer in a case against your fiancé, is that correct?
Customer: replied 4 years ago.
No I am sorry, I must have been unclear. my fiance's daughters father has hired a lawyer in the cild custody case between my fiance(mother of daughter) and him(father of daughter) that represented me (soon to be step dad). through this case we were granted a temporary restraining order naming my fiance me and the child. The lawyer has represented me three times in the last ten years and may have personal information on me that can affect the case because the child lives in my home(remember that I am not involved in the case other then the restraining order and my name is XXXXX XXXXX bunch.
Customer: replied 4 years ago.
I have re read that last reply and I see your confusion. Let me clairify again. I am sorry. The lawyer that is representing him(father of child) has represented me(fiance of mother) in different cases not involving either party. I hope that makes it more clear
Expert:  N Cal Attorney replied 4 years ago.
If the lawyer obtained confidential information from you that may be relevant to the current representation, I see a conflict of interest. Even if you are not a party to the present action, your fiancé is a party and you are likely to be called as a witness.

My opinion is that if you were married to your fiancé it would be a clear conflict of interest, but I still see this as a conflict of interest that would support a motion to disqualify the lawyer because he is assumed to have obtained confidential information when he was your lawyer.

I think this violates Rule 3-310.
(B) A member shall not accept or continue representation of a client without providing written disclosure to the client where:
(1) The member has a legal, business, financial, professional, or personal relationship with a party or witness in the same matter; or
(2) The member knows or reasonably should know that:
(a) the member previously had a legal, business, financial, professional, or personal relationship with a party or witness in the same matter; and
(b) the previous relationship would substantially affect the member's representation
; or
(E) A member shall not, without the informed written consent of the client or former client, accept employment adverse to the client or former client where, by reason of the representation of the client or former client, the member has obtained confidential information material to the employment.
I hope this information is helpful.
N Cal Attorney and 5 other Family Law Specialists are ready to help you
Expert:  N Cal Attorney replied 4 years ago.
Thank you for accepting my answer.